Employment Law Changes

We are used to change in employment law and HR matters. They are ever changing and it’s a challenge for Employers to keep up and ensure they are compliant. Over the past 12 months changes have been made to holiday pay meaning overtime and commission should be included in the holiday pay rate. In addition, working time for workers with no fixed place of work includes their travel time from home to their first assignment or job.

Restrictions on exclusivity clauses in Zero Hours contracts now have some bite with law making a dismissal automatically unfair if an employer dismisses an employee for not working exclusively for them and protecting employees against any other detriment on that ground. There is no qualifying period therefore, regardless of the length of their employment; an employee can make a claim against your business.

With the EU Referendum outcome, the future is unclear although, at least in the immediate term, there will be limited impact on employment law. We’ve not yet pressed that big red Article 50 button to start the exit process. When (if?) we do, that exit will take time and it’s likely that many of the laws from Europe will remain – and indeed will need to if we wish to continue as part of the EEA or “do a Norway”

For the moment we’re advising all employers that the most important thing is to continue to follow employment processes, act reasonably and fairly and get timely advice.